claim is untenable. But this section shall not excuse the retention of the property of another, to offset or pay demands held against him. Peo. v. Thomas, 3 Hill, 169; Peo. v. Smith, 5 Park., 490. § 549. Intent to restore property.-The fact that the defendant intended to restore the property stolen or em bezzled, is no ground of defense, or of mitigation of punishment, if it has not been restored before complaint to a magistrate, charging the commission of the crime. $550. Receiving stolen property.-A person, who buys or receives any stolen property, or any property which has been wrongfully appropriated in such a manner as to constitute larceny according to this chapter, knowing the same to have been stolen or so dealt with, or who corruptly, for any money, property, reward, or promise or agreement for the same, conceals, withholds, or aids in concealing or withholding, any property, knowing the same to have been stolen, or appropriated wrongfully in such a manner as to constitute larceny under the provis ions of this chapter, if such misappropriation had been committed within the state, whether such property were so stolen or misappropriated within or without the state, is guilty of criminally receiving such property, and is punishable, by imprisonment in a state prison for not more than five years, or in a county jail for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment. Must be fraudulent intent. Peo v. Johnson, 1 Park., 564; Rice v. State, 3 Heisk. 215. Stipulating for percentage for return of stolen property, constitutes offense of receiving. Peo v. Wiley, 3 Hill, 191. See Wells v. Peo., 3 Park, 473. State v. Scovel, Mills, 274; Peo v. Slaken, 40 Cal., 599; State v. Teideman, 4 Strobh., 300; State v. Bushing, 69 N C., 29. Possession not necessary. State v. St. Clair, 17 Ia., 149. State v. Turner, 19 ib., 144; Miller v. Peo., 13 W. D., 260; íd., 25 Iun, 473. § 551. Id.; Averment and proof.-It is not necessary to aver, in an indictment for an offense specified in the last section, nor to prove upon the trial thereof, that the principal who stole the property has been convicted, or is amenable to justice. Levy v. Peo., 19 Hun, 83. Peo. v. Caswell, 21 Wend., 86. CHAPTER V. EXTORTION AND OPPRESSION. SEC. 552. "Extortion" defined. 553. What threats may constitute extortion. 554. Punishment of extortion in certain cases. 556. 557. Oppression and extortion committed under color 558. Blackmail. 559. Written threat. 560. Attempts to extort money, or property, by verbal threats. 561. Unlawful threat referring to act of third person. § 552. "Extortion" defined.-Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right. Peo. v. Whaley, 6 Cow., 661; Williams v. State, 2 Sneed., 160 Com. v. Mitchell, 3 Bush., 25; Com. v. Bagley, 7 Pick., 246 Ming v. Truett, 1 Mont., 322. § 553. What threats may constitute extortion.-Fear, such as will constitute extortion, may be induced by a threat: 1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or to any member of his family; or 2. To accuse him, or any relative of his or any member of his family, of any crime; or 3. To expose, or impute to him, or any of them, any deformity or disgrace; or 4. To expose any secret affecting him or any of them. See 254 supra. Peo v. Brennan, 30 Mich., 460; State v. Bruce, 26 Me., 71; Brabham v. State, 18 Ohio, N. S., 485. § 554. Punishment of extortion. A person who extorts any money or other property from another, under circumstances not amounting to robbery, by means of force or a threat mentioned in the last two sections, is punishable by imprisonment not exceeding five years. § 555. Compulsion to execute instrument.-The compelling or inducing of another, by such force or threat, to make, subscribe, seal, execute, alter, or destroy any valuable security, or instrument or writing, affecting or intended to affect any cause of action or defense or any property, is an extortion of property, within the last two sections. § 556. Oppression committed under color of office.-A public officer,or a person pretending to be such, who, unlawfully and maliciously, under pretense or color of official authority, 1. Arrests another, or detains him against his will; or 2. Seizes or levies upon another's property; or 3. Dispossesses another of any lands or tenements; or 4. Does any other act, whereby another person is injured in his person, property, or rights; Commits oppression and is guilty of a misdemeanor. See § 118, 119, 120, supra. § 557. Extortion by public officers. A public officer who asks, or receives, or agrees to receive, a fee or other compensation for his official service, either 1. In excess of the fee or compensation allowed to him by statute therefor; or 2. Where no fee or compensation is allowed to him by statute therefor; Commits extortion and is guilty of a misdemeanor. See §§ 48, 49, 50, supra. § 558. Blackmail.-A person who, knowing the contents thereof, and with intent, by means thereof, to extort or gain any money or other property, or to do, abet, or procure any illegal or wrongful act, sends, delivers, or in any manner causes to be forwarded or received, or makes and parts with for the purpose that there may be sent or delivered, any letter or writing, threatening 1. To accuse any person of a crime; or 2. To do any injury to any person or to any property; or 3. To publish or connive at publishing any libel; or 4. To expose or impute to any person any deformity or disgrace; Is punishable by imprisonment for not more than five years. See 254, supra. Peo. v. Griffin, 2 Bar., 427; Peo. v. Thomp. son, 2 N. Y. Cr., 520; 97 N. Y., 313. § 559. Written threat.-A person who, knowing the contents thereof, sends, delivers. or in any manner causes to be sent or received any letter or other writing threatening to do any unlawful injury to the person or property of another, or any person who shall knowingly send or deliver or shall make and for the purpose of being delivered or sent, shall part with the possession of any letter, postal card or writing with or without a name subscribed thereto or signed with a fictitious name or with any letter, mark or other designation with intent thereby to cause annoyance to any person, is guilty of a misdemeanor. [Am'd chap. 120, L. 1891.] Peo. v. Griffin, supra; Skiff v. Peo., 2 Park., 139. § 560. Attempts to extort by verbal threats.— A person who, under circumstances not amounting to robbery, or an attempt at robbery, with intent to extort or gain any money or other property, verbally makes such a threat as would be criminal under either of the foregoing sections of this chapter, if made or communicated in writing, is guilty of a misdemeanor. § 561. Unlawful threat referring to act of third person. It is immaterial whether a threat, made as specified in this chapter, is of things to be done or omitted by the offender, or by any other person. CHAPTER VI. FALSE PERSONATION, AND CHEATS. SEC. 562. Falsely personating another. 563. Limitations as to indictment. 564. Receiving property in false character. 565. Personating officers, policemen, and other persons. 566. Obtaining signature by false pretenses. 567. Obtaining property for charitable purposes. 568. Id.; by note of corporation not in existence. 569. Using false check or order for payment of money. 571. Secreting personal property. 572. Pawning, etc., borrowed property. 574. Mock auctions. § 562. Falsely personating another.--A person who falsely personates another, and, in such assumed character, 1. Marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of the latter; or 2. Becomes bail or surety for a party in an action or special proceeding, civil or criminal, before a court or officer authorized to take such bail or surety; or 3. Confesses a judgment; or 4. Subscribes, verifies, publishes, acknowledges, or proves a written instrument, which by law may be recorded, with intent that the same may be delivered or used as true; or 5. Does any other act, in the course of any action or proceeding, whereby, if it were done by the person falsely personated, such person might in any event become liable to an action or special proceeding, civil or criminal, or to pay a sum of money, or to incur a charge, forfeiture, or penalty, or whereby any benefit might accrue to the offender, or to another person; Is punishable by imprisonment in a state prison for not more than ten years. § 563. Id. ; limitations as to indictments.—An indictment cannot be found, for the crime specified in subdivision first of the last section, except upon the complaint of the person injured, if there be any such person living, and within two years after the perpetration of the crime. § 564. Receiving property in false character.— A person, who falsely personates another, and in such assumed character receives any money or property, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person who is not entitled thereto, is punishable in the same manner and to the same extent, as for larceny of the money or property so received. 565. Personating officers. - A person who falsely personates a public officer, civil or military, or a police |